Conservatorship

A conservatorship is a court proceeding to appoint a manager for the financial
affairs and/or the personal care of one who is either physically or mentally
unable to handle either or both. The person who cannot care for him or herself
is called the conservatee. A person or organization the judge chooses to do
this is known as the conservator. A conservator can be a family member,
friend or professional person.

A conservatorship ends when the conservatee dies, the conservatorship estate
runs out of money, or the conservatee regains the ability to handle his or her
own personal/financial affairs.

There are three types of conservatorship:

A Limited Probate Conservatorship applies when the person is
developmentally disabled. In this type of conservatorship, the powers of the
conservator are limited so that the disabled person may live as independently as
possible.

A General Probate Conservatorship is for adults who are unable
to provide for their personal needs due to physical injury, advanced age,
dementia, or other conditions rendering them incapable of caring for themselves
or making them subject to undue influence.

A Lanterman-Petris-Short (LPS) Conservatorship is a special
conservatorship that is set up to provide help for persons who
suffer from a mental disorder or chronic alcoholism. These people
may be a danger to themselves or others. the conservator is
responsible for helping to find a placement and mental health
treatment for the person who is gravely disabled. An LPS
conservatorship is used only when the person needs mental
health treatment but cannot or will not accept it voluntarily.
Because the person subject to an LPS conservatorship may be
placed in a locked facility, there are special protections to ensure
that the conservatee's civil rights are protected. These cases are
confidential.

Once the Petition for Conservatorship has been filed, the clerk will set the
matter for hearing. The hearing will generally be set 45 days from the date of
filing.

On occasion, a temporary conservatorship may be appropriate if there is an
emergency that requires an immediate appointment. A petition for
temporary conservatorship must be filed with or after the petition for
limited or general conservatorship. A Petition for Appointment of a Temporary
Conservator should have all information supporting the need for
emergency orders, including copies of all relevant medical, police, or Adult
Protective Services reports. There is a
filing fee for the Petition for Appointment of Temporary Conservator.

In order to apply for temporary conservatorship, you must complete and file the
following forms:

Probate Court Investigators are assigned to interview all persons who are the subject of
a petition for conservatorship before the first hearing is held. The purpose of
the interview is to determine if the person understands the proceedings or has
any objections to it. There is a
fee for the investigation. If you are unable
to pay the fee you must file a Request for Waiver of Probate Court Investigator
Fee at least 10 days before the hearing. The form and instructions
are found in the
Information Regarding Investigation Fee packet. After an appointment
has been made, Probate Court Investigators periodically interview both
the conservator and the conservatee and report to the court about the well-being
of the conservatee and whether the conservatee's estate is being properly
administered. Each review will generate a new assessment fee. If you are unable
to pay the fee, you must file a Request for Waiver of Probate Court Investigator
Fee within 15 days of receipt of the report. See the
Information Regarding Investigator Fee packet for more information.

When the court chooses you as the conservator of a person, this means you:

Arrange for the conservatee's care and protection;

Decide where the conservatee will live; and

Are in charge of the following:

Health care

Food

Clothing

Personal care

Housekeeping

Transportation

Recreation

When the court chooses you to be the conservator of an estate, you will:

Manage the conservatee's finances;

Protect the conservatee's income and property;

Make a list of everything in the estate;

Make a plan to make sure the conservatee's needs are met;

Make sure the conservatee's bills are paid;

Invest the conservatee's money;

Make sure the conservatee gets all the benefits he or she is eligible for;

Make sure the conservatee's taxes are filed and paid on time;

Keep exact financial records; and

Make regular reports of the financial accounts to the court and other interested
persons.